SECTION 504: EDUCATION S NEGLECTED RED-HEADED STEPCHILD. Section 504. holds the key to school success for many children & young adults!

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1 SECTION 504: EDUCATION S NEGLECTED RED-HEADED STEPCHILD Chris Zeigler Dendy, M.S. Moderator Tuwanna Hinds, M.S. Children s Hospital of Alabama Nancy Anderson, J.D. Alabama Disabilities Advocacy Program ADHD Conference January 30, 2015 Section 504 holds the key to school success for many children & young adults! 1

2 Succeeding in school is one of the most therapeutic things that can happen to a child! Early Intervention is Critical! 2

3 From a joyful, confident child To a quiet, subdued student Academy Agony Began in 1 st Grade Alex 1st grade 3

4 Good News! College Grad! Second Rate? 4

5 Things we hear too often Antoine is super smart and can get good grades. The school says he doesn t need any special services because he s so smart. Things we hear too often The IEP team said Isaiah didn t qualify for IEP services but he s still not doing well in school and getting no extra help. 5

6 Things we hear too often I asked for help for Mia months ago. She s in this thing called a Problem Solving Team but is getting nowhere with it. Things we hear too often Justin s behavior in school has been much better since he started talking meds. So they tell me there s no need for him to get any special supports. 6

7 Things we hear too often Teresa s 504 plan says she s supposed to have extra time on tests but her math teacher said she doesn t need it. So, Teresa takes math tests just like everyone else. You will leave understanding 504 Eligibility Standards Evaluation Procedures Services Due Process Protections 7

8 504 says [N]o other qualified handicapped individual in the United States shall solely by reason of his handicap, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 504 requires a school district to provide a free appropriate public education (FAPE) to each qualified person with a disability who is in the school district s jurisdiction, regardless of the nature or severity of the person s disability. 8

9 Fairness and Equal Access Non- Discrimination Fairness Equal Access Let s Compare IDEA Section 504 Appropriations ($) Statute Very defined procedures & standards School setting only Anti-discrimination Statute (no $) Less defined procedures & standards Applies to any programming receiving federal assistance 9

10 ELIGIBILITY IDEA Section 504 Child Find Obligation Triennial Revaluations Child Find Obligation Periodic reevaluations also whenever there s a significant change in placement. 10

11 IDEA Section 504 Specific eligibility requirements Broad eligibility requirements All Children Children w/ impairments Sec. 504 IDEA 11

12 504 Eligibility A person with a disability has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. What is a physical or mental impairment? Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems (ex. neurological, digestive, respiratory, etc.) OR 12

13 any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Caring for oneself Walking Seeing Speaking Learning Breathing Sleeping Standing Lifting Reading Concentrating Thinking Communicating Working Eating Bending Performing manual tasks 13

14 These are major life activities Caring for oneself Walking Seeing Speaking Learning Breathing Sleeping Standing Lifting Reading Concentrating Thinking Communicating Working Eating Bending Performing manual tasks Other? (list is not exhaustive in the law) Substantially Limits Compare to the average student in school 14

15 ADA Amendments Act of 2008 Just one major life activity being impacted is enough. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. An impairment need not prevent or severely or significantly restrict a major life activity to be considered substantially limiting. 15

16 Is there a substantial limitation? Do not consider the helpful effects of mitigating measures like medication, medical supplies, the use of assistive technology, reasonable accommodations or auxiliary aids or services or learned behavioral or adaptive neurological modifications. 504 Eligibility A person with a disability has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 16

17 IDEA Eligibility Categories 1. Autism 2. Deaf-Blindness 3. Developmental Delay 4. Hearing Impairment 5. Emotional Disorder 6. Intellectual Disability 7. Multiple Disabilities 8. Other Health Impairment 9. Orthopedic Impairment 10. Speech/Language Impairment 11. Specific Learning Disabilities 12. Traumatic Brain Injury 13. Visual Impairment And, as a result need special education and related services. OHI Definition Under the IDEA Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that (i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (ii) Adversely affects a child's educational performance. 17

18 AL Criteria for Eligibility under OHI/ADD or ADHD Satisfactory vision/hearing results Adverse impact on educational performance of the child Standard scores (total or composite) on 2 of 3 of the same normreferenced scale designed specifically to determine the presence of ADD or ADHD must be at least two standard deviations above or below the mean (70, depending on the rating scale). Ratings must be obtained from at least 3 independent raters (who have known the child for at least 6 weeks). One of the raters may be the parent. Self-reports by child are ok. IDEA Eligibility Categories 1. Autism 2. Deaf-Blindness 3. Developmental Delay 4. Hearing Impairment 5. Emotional Disorder 6. Intellectual Disability 7. Multiple Disabilities 8. Other Health Impairment 9. Orthopedic Impairment 10. Speech/Language Impairment 11. Specific Learning Disabilities 12. Traumatic Brain Injury 13. Visual Impairment And, as a result need special education and related services. 18

19 What is special education? Special education = specially designed instruction What is specially designed instruction? Adapting, as appropriate, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability; and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the school that apply to all children. 19

20 504 Evaluation Process Conducted by a team who knows the student and will understand evaluation information like: Teachers reports Parent/family information Report cards RTI data Standardized tests Disciplinary records Health records Prior Section 504 or Special Education evaluations or services Private evaluation reports Attendance records So does your child with ADHD qualify for IDEA 504 Meets the criteria for having ADD/ADHD under OHI Needs special education (specially designed instruction) Has a mental impairment that substantially limits a major life activity 20

21 Services IDEA Section 504 Special education (specialized instruction) and related services. Must need special education related services can come along for the ride! Whatever service is needed to provide FAPE. Special education *OR* related services (one or the other) No reasonable accommodation limitation to 504 s FAPE requirement. 21

22 IDEA Section 504 FAPE -- an eligible student is provided a meaningful educational benefit based on that student s unique needs. FAPE -- the educational needs of an eligible student are met as adequately as those of a non-disabled student. IDEA Section 504 Written plan = IEP Timeframes = 60 days to evaluate, 30 to determine eligibility, 30 to write IEP Services in LRE Written plan = 504 plan Timeframes = within reasonable time period Services in LRE 22

23 IDEA Section 504 The IDEA s Discipline Protections are Generally Applied to 504 Students. Notable Exception: No On-Going Right to Services to 504 Students during a Long-Term Suspension or Expulsion Accommodations Provide a student equal access to learning and equal opportunity to demonstrate what he or she knows. Remove disability-related barriers to a student s full participation in school, including nonacademic and extracurricular activities, such as field trips, athletics, and assemblies. 23

24 Accommodations Should be individualized, documented and communicated to all individuals involved. Do not alter or lower the standards of the coursework or standards required for participation in extracurricular activities. Section 504 Accommodations needed for: Forgetful ( Remind 101 app; school website) Organization (strategies; folder; friend reminds) Working memory (visual cues; prompts) Processing speed (extra time; reduce assgn.) Writing essays (graphic organizer; a scribe) Long-term projects (graphic organizer; reminders) Organization (strategies; folder; friend reminds) Planning ahead (organizer; prompts) Sense of time -- late (watch; prompts) Complex math (ex. on board; khanacademy.com) ADHD education is key for all these issues!! 24

25 US DOE Memo on Students with ADHD Providing a structured learning environment Repeating and simplifying instructions about in-class and homework assignments Supplementing verbal instructions with visual instructions Using behavioral management techniques Adjusting class schedules and modifying test delivery Using tape recorders, computer-aided instruction, and other audio-visual equipment Selecting modified textbooks or workbooks Tailoring homework assignments Other provisions range from consultation to special resources and may include reducing class size; use of one-on-one tutorials; classroom aides and note takers; involvement of a services coordinator to oversee implementation of special programs and services, and possible modification of nonacademic times such as lunchroom, recess and physical education. Meant to be a non-exhaustive list of possible interventions. U.S. Dept. of Ed., Joint Policy Memorandum, 18 IDELR 116 (1991). Due Process Protections 25

26 IDEA Section 504 Due process rights impartial hearing, representation, and judicial review Mediation State admin complaint Independent Education Evaluation (IEE) at school expense Due process rights - impartial hearing, representation, and judicial review OCR complaint No right to an IEE at school expense 26